DISCUSSION PAPER EASA NPA IMPLEMENTING RULES COMMUNITY OPERATORS FOR AIR OPERATIONS OF. at

Transcription

1 DISCUSSION PAPER ON EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS at Feb 12, 2009

2 Table of Contents 1. Background Structure of the NPA Structure of the Implementing Rules Basic Structure Performance Based Rules Part-OPS Part-OR, Subpart OPS Part-AR Part-CC Imperatives from the Basic Regulations Significant Issues Fractional Ownership Operations SMS Requirements IS-BAO Recognition Flight and Duty Time Limitations Pilot Licensing Requirements Cabin Crew Requirements Conclusion Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/ Article Annex IV Appendix B OPS.001 Rulemaking Group Feb 12, 2009

3 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS 1. BACKGROUND Notice of Proposed Amendment (NPA) contains the proposed Implementing Rules (IRs) for Air Operations conducted by Community Operators. It was issued on January 30, 2009 and is posted on the EASA web site at Comments on the NPA close on May 30, The scope of the IRs contained in NPA 02a, 02b, 02c, 02d, 02e and 02f is specified in Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 which is referred to as the Basic Regulation Articles 4 & 8 and Annex IV are contained in Appendix A of this document. The IRs were developed by EASA with the involvement of the OPS.001 Rulemaking Group and the Operations Subgroup of MDM 32 during a period that commenced in August The OPS-001 Rulemaking Group Terms of Reference and a list of members are attached as Appendix B. While the IRs must meet the requirements specified in the Basic Regulation, it was also noted in the Rulemaking Group Terms of Reference that they should encompass requirements and related acceptable means of compliance/guidance material for: commercial air transport, based on existing EU-OPS/JAR-OPS 1 and 3 requirements; aerial work using as appropriate the draft of JAR-OPS 4; non-commercial operations with complex motor-powered aircraft using as appropriate the draft of JAR-OPS 2; non-commercial operations with non-complex motor-powered aircraft using as appropriate the input from task MDM.032; flight time limitations, based on EU-OPS; training and medical fitness of cabin crew, based on JAR-OPS 1/EU-OPS; competent authorities based on appropriate JAA JIP s (JAR Implantation Procedures) and harmonised with similar provisions included in other implementing rules. It was also a given requirement that the proposed IR should meet the standards and recommended practices specified in ICAO Annex 6. Ray Rohr, IBAC, Director, Regulatory Affairs was the EBAA nominee on the Rulemaking Group. The rule development process also involved sub-groups that were established for: Commercial Air Transport, Aerial Work, Non-commercial Operations With Complex Motor-powered Aircraft, and Authority Requirements and SMS. Ray Rohr chaired the Non-commercial Operations With Complex Motor-powered Aircraft sub-group, Cliff Edwards was the EBAA nominee on the Authority Requirements and SMS sub-group and Peter Gatz on the Commercial Air Transport sub-group. 2. STRUCTURE OF THE NPA The NPA has been issued in six parts A Explanatory Notes and Appendices which discusses the development process and the imperatives that come from the Basic Regulation and other related legislation and decisions and the structure and content of the NPA. The content of this explanatory material is as follows: Content of the Draft Opinions and Decisions Background pages 5 10, Structure of the NPA & IRs - pages 10 17, Content of the NPA pages 17-23, Differences with ICAO pages Transition Measures page 25 page - 3

4 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS Regulatory Impact Assessment page 26 (will be published mid Feb as NPA g with the NPA for Third Country Operators) Appendices Appendix I Explanatory memorandum to Part OPS pages 26 43, plus Attachments A - D, Appendix II Explanatory memorandum on Part OR (organisation requirements), Subpart OPS pages 44 55, Appendix III Explanatory memorandum to Part AR (authority requirements) to Subpart OPS pages 56 58, Appendix IV Explanatory memorandum relating to cabin: Part-CC, Part-MED (Subpart E), PART-OR (Subpart OPS Section VI) and Part AR (Subpart AR.CC) pages B Draft Opinion and Decision Part OPS which contains all of the IRs, Acceptable Means of Compliance (AMCs), and Guidance Material (GM) applicable to air operations conducted by European Community operators. An operator is defined in the Basic Regulation as any legal or natural person, operating or proposing to operate, one or more aircraft. Commercial and noncommercial operations and operations requiring specific approvals are addressed in this part of the NPA c Draft Opinion and Decision Part-OR, Subpart OPS which contains all of the IRs, Certification Specifications (CSs), AMCs and GM related to organisational requirements of persons or organisations involved in the operation of complex motor-powered aircraft and those involved in commercial operations. This part of the NPA addresses the requirements for: operator management systems; manuals, logs and records; air operator certification; operator declarations; flight, cabin and technical crew members; flight and duty time, and security D Draft Opinion and Decision Part-AR which contains the IRs, CSs, AMCs and GM for competent authorities (National Authorities or in some cases EASA) related to OPS rules. This part of the NPA addresses the authority processes for issues such as: ramp inspections, approval of cabin crew training and issue of attestations, certification of air operators, processing of operator declarations, issue of specific approvals, and related regulatory oversight E Draft Opinion and Decision Part-CC - which contains the IRs, CSs, AMCs and GM related to cabin crew F Cross Reference Tables - which contains cross reference tables between EU OPS/JAR OPS requirements and the draft EASA provisions. 3. STRUCTURE OF THE IMPLEMENTING RULES 3.1 Basic Structure As the EASA OPS and other rules address a much broader range of issues than the JARs did and in order to avoid the duplication such as that which existed between JAR OPS 1 and JAR OPS 3, it was necessary to develop a new structure for EASA IRs. The following diagram which can be found on page - 4

5 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS page 12 of A Explanatory Notes and Appendices provides a graphic depiction of the EASA rule structure. Parts and Subparts that are included in NPA are highlighted in grey. Figure 1 - Structure of EASA Requirements 3.2 Performance Based Rules The IRs contained in the OPS NPA are by and large performance based rules. They specify what has to be achieved and leave the how to AMCs and GM. This approach is designed to provide a high degree to flexibility to regulated parties as to how they achieve the safety objective and related imperatives of the IRs. To fully appreciate the intent it is important to understand the following: Acceptable Means of Compliance (AMC) illustrate a means, but not the only means, by which a requirement contained in an EASA airworthiness code or an implementing rule of the Basic Regulation, can be met. An applicant correctly implementing an AMC issued by EASA is assured of acceptance of compliance. As such, published acceptable means of compliance are not the only means to show compliance, the applicant may decide to show compliance by other means. When so doing the applicant does not need to justify why an alternative is used, but the burden of proof that the requirement is met relies entirely with the applicant. For more information on AMCs and the flexibility that the process provides to operators to demonstrate compliance see Legally there is no difference between a Certification Specification (CS) and an AMC. The Term CS is generally used in aircraft certification and has been used in the OPS NPA to denote what is essentially an AMC but it may contain more technical detail and be drafted more precisely. As noted in the Authority Requirements when a National Authority reviews and accepts an alternative means of compliance they then submit it to EASA for review. If EASA finds that it meets the page - 5

6 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS requirements of the regulation they then will publish it on their web site and all regulated parties then can use that AMC. This is designed to ensure that National Authorities all apply the rules in a similar manner and operators have a level playing field. 3.3 Part-OPS Part OPS is the largest part of the NPA. It consists of 465 pages of material and includes the IRs, AMCs and GM for the following subparts: Subpart OPS.GEN General Operating and Flight Rules Subpart OPS.CAT Commercial Air Transport Subpart OPS.COM Commercial Operations other than Commercial Air Transport Subpart OPS-SPA Operations Requiring Specific Approvals The General Operating and Flight Rules subpart (pages 22-58) contain the IRs that apply to all operations. There are six sections which include: Section I General requirements (pages 22 29), Section II - Operating procedures (pages 31 38), Section III - Aircraft performance and operating limitations (pages 39 40), Section IV Instruments, data and equipment (pages 41 54), Section V Manuals, logs and records (pages 56 57), and Section VI - Security (page 58) The AMCs and GM related to the General Operating and Flight Rules Subpart are presented on pages While the vast majority of the provisions apply to all operations, there are some exceptions where the rules or AMCs, pertain only to the operation of complex motor-powered aircraft. The IRs for Commercial Air Transport are on pages They address the requirements for CAT conducted by all categories of aircraft aeroplanes, helicopters, airships and balloons. The CAT IRs are divided into four sections as follows: Section I General Requirements (page 59), Section II Operational Procedures (pages 60 67), Section III Aircraft performance and operating limitations (pages 68 71), Section IV Instruments, data and equipment (pages 72 83). The AMCs and GM related to CAT are presented on pages The IRs for Commercial operations other than CAT (COM) are on pages They are divided into four sections as follows: Section I General Requirements (page 84), Section II Operational Procedures (page 85), Section III Aircraft performance and operating limitations (page 86), Section IV Instruments, data and equipment (page 87). The AMCs and GM related to COM are presented on pages The IRs for Operations requiring specific approval are on pages They present the requirements for the specific approvals that may be obtained by commercial or non-commercial operators. The IRs are divided into nine sections as follows: Section I General Requirements (pages 88 & 89), Section II Operations in areas with specified navigation performance (page 90), Section III Operations in airspace with reduced vertical separation minima (page 91), Section IV Low visibility operations (pages 92 & 93), Section V Transport of dangerous goods (pages 94 & 95) page - 6

7 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS Section VI Helicopter operations without an assured safe forced landing capability (pages 96 & 97) Section VII Helicopter operations with night vision imaging systems (page 98) Section VIII Helicopter hoist operations (pages 99 & 100) Section IX Helicopter emergency medical service operations ((pages 101 & 102). The AMCs and GM related to Operations requiring specific approvals are presented on pages Part-OR, Subpart OPS Subpart OPS of Part-OR contains the specific organisational requirements related to Part-OPS. It is applicable to commercial operations and non-commercial operations of complex motor-powered aircraft. It should be read in conjunction with the general organisational requirements that are contained in NPA C Authority and Organisation Requirements that is posted at Subpart OPS of Part-OR contains nine sections as follows: Section I General requirements (pages 4 & 5), Section II Manuals, logs and records (pages 5-7), Section III Air operator declaration (pages 7-9), Section IV Air operator certification (pages 9-12), Section V Flight crew (pages 12-18), Section VI Cabin crew (pages 18-23), Section VII Technical crew member in HEMS, HHO and NVIS operations (pages 23-24), Section VIII Flight and duty time limitations and rest requirements (pages 24-30), and Section IX Security (pages 30-32). The CS for Flight and duty time limitations and rest requirements for commercial air transport is on pages of NPA and the remainder of the AMCs and GM for all nine sections are presented on pages The relevant General Requirements from NPA c are on pages 4 8 of that NPA and the relevant AMCs and GM are on pages There are IRs, AMCs and GM that apply to both commercial and non-commercial operations but frequently there are differences in the rules and their applicability. There is also often different AMCs and GM for commercial and non-commercial operations and considerations for small operations. 3.5 Part-AR Part-AR provides the requirements to be followed the authorities of member states and EASA when exercising their authority related to the EASA rules. These provisions should be read in conjunction with the general requirements of NPA b Authority Requirements that is posted at Part-AR contains three subparts and six sections. They are as follows: Subpart GEN General Requirements Section IV Ramp inspections (pages 4 15), Subpart CC - Specific Requirements Related to Cabin Crew Section I Organisations providing cabin crew training (page15), Section II Cabin crew attestations (page 15-19) Subpart OPS Specific Requirements Related to Air Operations Section I General (page 20) Section II Certification of Commercial Air Operators (page 20) page - 7

8 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS Section iii Specific Operations Approvals (page 21) The AMCs and GM related to Authority Requirements are presented on pages The relevant General Requirements from NPA b are on pages 4 12 of that NPA and the relevant AMCs and GM are on pages Part-CC Part-CC provides the requirements related to cabin crew including the medical requirements for cabin crew. There are three Subparts of Part-CC. They are: Subpart GEN General requirements (page 4) Subpart CCA Requirements for the cabin crew attestation (page 5) Subpart TRA - Training requirements or the cabin crew attestation (pages 6 & 7) The AMCs and GM related to Cabin Crew are presented on pages Pages of NPA e contain the supplement that addresses the medical requirements for cabin crew. 4. IMPERATIVES FROM THE BASIC REGULATIONS As the Basic Regulations generally reflect the requirements specified in ICAO Annex 6 and to some degree what existed in the JARS, the provisions of the OPS NPA generally reflect the requirements of Annex 6 with a few exceptions. Pages 23 & 24 of A highlight the main differences. In addition, the Basic Regulations introduce the following differences: Definition of Complex Motor-powered Aircraft The break point in Annex 6 Part II where additional requirements are introduced for the noncommercial operation of aeroplanes is large aeroplanes (maximum certified take-off weight in excess of kg) or turbojet aeroplanes. The Basic Regulation contains a break point of complex motorpowered aircraft. They are defined as: (i) an aeroplane: with a maximum certificated take-off mass exceeding kg, or certificated for a maximum passenger seating configuration of more than nineteen, or certificated for operation with a minimum crew of at least two pilots, or equipped with (a) turbojet engine(s) or more than one turboprop engine, or (ii) a helicopter certificated: for a maximum take-off mass exceeding kg, or for a maximum passenger seating configuration of more than nine, or for operation with a minimum crew of at least two pilots, or (iii) a tilt rotor aircraft; This difference means that the additional requirements are applicable to a much broader classification of aircraft. Cabin Crew Requirements The Basic Regulations introduce a requirement for cabin crew in commercial air transport operations to hold an attestation of their training. While that provision may at first appear innocuous, the requirement that the implementing rules contain conditions for issuing, maintaining, amending, limiting, suspending, or revoking the cabin crew attestation essentially turn it into a licence by another name. page - 8

9 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS 5. SIGNIFICANT ISSUES 5.1 Fractional Ownership Operations In the Basic Regulation commercial operation is defined as any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator; As a fractional operation is not publicly available and the contract between the fractional owner and the management company provides a degree of control to the fractional owner, such operations are not commercial operations. Accordingly there is no mention of fractional ownership operations in NPA and if the operation does not fall within the definition of a commercial operation is will be treated as any other non-commercial operation. The Declaration of the operator s capability and means to discharge the responsibilities associated with the non-commercial operations of complex motor-powered aircraft that is required in accordance with the Part OPS Organizational Requirements rules stipulates that when the aircraft is managed by a third party that party shall make the declaration on behalf of the owner (Ref: Part OR.OPS.040 DEC). 5.2 SMS Requirements While the SMS requirements in Part-OR may initially appear to differ from those recently developed by the ICAO Air Navigation Commission they in fact contain the same elements. Also, they contain considerations for small operators that should provide the scope necessary for operators to develop an SMS that is appropriate to the size and complexity of the operation. 5.2 IS-BAO Recognition The provisions of the operator declaration specified in OR.OPS.041.DEC for non-commercial operation of complex motor-powered aircraft and the related Authority provision in AR.GEN.305 (NPA B) provide for recognition of IS-BAO registration. 5.4 Flight and Duty Time Limitations There is a significant amount of new material in the flight and duty time limitations provisions. One of the most significant items is the requirement for operators to establish, implement and maintain a fatigue risk management system (FRMS). The FRMS concept has been developed by ICAO and a number of major States. It has the potential to provide operators with latitude to develop and implement fatigue management systems that are appropriate to the nature, size and complexity of the operation. The NPA contains one CS for CAT but rule it also contains provisions whereby operators of organisations such as EBAA can work with operators and EASA to develop additional CSs. 5.5 Pilot Licensing Requirements Article 4 section 1(c) of the Basic Regulation prescribes that the rules apply to aircraft registered in a third country and used by an operator for established or residing in the Community. OR-OPS.015.FC specifies that all flight crew members shall hold a licence and ratings issued in accordance with PART FCL, appropriate to the duties assigned to them. While this is would appear appropriate for commercial operations, it may have implications for non-commercial operators of third country registered aircraft. This should be considered by non-commercial operators. 5.6 Cabin Crew Requirements The requirement for cabin crew in commercial air transport operations and the related provisions require careful review by operators. There could be significant implications for operators of aircraft under 19 seats that now employ persons to undertake limited cabin crew duties. page - 9

10 EASA NPA IMPLEMENTING RULES FOR AIR OPERATIONS OF COMMUNITY OPERATORS 6. CONCLUSION The OPS NPA is large and daunting but when it is examined piece by piece it should become more understandable and manageable. This understanding may be further enhanced by attending the EASA OPS NPA Conference in Cologne on March 10 & 11, Information on the Conference can be found at The use of performance based rules has allowed EASA to significantly reduce the volume of the IRs and to include in many cases more than one AMC that regulated parties can use. With this in mind, a critical review of the NPA by operators and other regulated parties is highly recommended. Comments can be submitted directly to EASA by using the comment response tool at However, EBAA would appreciate it if operators would provide their comments to info@ebaa.org by May 15, 2009 so that EBAA may submit a consolidated response. Comments are also invited on NPA They should be submitted to EBAA at info@ebaa.org by March 31, page - 10

11 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 APPENDIX A ARTICLES 4 & 8 AND ANNEX IV OF REGULATION (EC) NO 216/2008 Article 4 Basic principles and applicability 1. Aircraft, including any installed product, part and appliance, which are: (a) designed or manufactured by an organisation for which the Agency or a Member State ensures safety oversight; or (b) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by a Community operator; or (c) registered in a third country and used by an operator for which any Member State ensures oversight of operations or used into, within or out of the Community by an operator established or residing in the Community; or (d) registered in a third country, or registered in a Member State which has delegated their regulatory safety oversight to a third country, and used by a third-country operator into, within or out of the Community shall comply with this Regulation. 2. Personnel involved in the operations of aircraft referred to in paragraph 1(b), (c) or (d) shall comply with this Regulation. 3. Operations of aircraft referred to in paragraph 1(b), (c) or (d) shall comply with this Regulation. 4. Paragraph 1 shall not apply to aircraft referred to in Annex II. 5. Paragraphs 2 and 3 shall not apply to aircraft referred to in Annex II, with the exception of aircraft referred to in points (a)(ii), (d) and (h) thereof when used for commercial air transportation. 6. This Regulation shall not affect the rights of third countries as specified in international conventions, in particular the Chicago Convention. Article 8 Air Operations 1. The operation of aircraft referred to in Article 4(1)(b) and (c) shall comply with the essential requirements laid down in Annex IV. 2. Unless otherwise determined in the implementing rules, operators engaged in commercial operations shall demonstrate their capability and means of discharging the responsibilities associated with their privileges. These capabilities and means shall be recognised through the issuance of a certificate. The privileges granted to the operator and the scope of the operations shall be specified in the certificate. 3. Unless otherwise determined in the implementing rules, operators engaged in the noncommercial operation of complex motor-powered aircraft shall declare their capability and means of discharging the responsibilities associated with the operation of that aircraft. 4. Cabin crew involved in the operation of aircraft referred to in Article 4(1)(b) and (c) shall comply with the essential requirements laid down in Annex IV. Those involved in commercial operations shall hold an attestation as initially set out in Annex III, Subpart O, point (d) of OPS as set out in Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922/91 (1); at the discretion of the Member State, such attestation may be issued by approved operators or training organisations. 5. The measures designed to amend non-essential elements of this Article, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 65(4). Those measures shall specify in particular: (a) conditions to operate an aircraft in compliance with the essential requirements laid down in Annex IV; (b) conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in paragraph 2 and the conditions under which a certificate shall be replaced by a page - 11

12 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 declaration of the capability and means of the operator to discharge the responsibilities associated with the operation of the aircraft; (c) privileges and responsibilities of the holders of certificates; (d) conditions and procedures for the declaration by, and for the oversight of, operators referred to in paragraph 3 and the conditions under which a declaration shall be replaced by a demonstration of capability and means to discharge the responsibilities associated with the privileges of the operator recognised by the issuance of a certificate; (e) conditions for issuing, maintaining, amending, limiting, suspending or revoking the cabin crew attestation referred to in paragraph 4; (f) conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety; (g) how operations of aircraft referred to in points (a)(ii), (d) and (h) of Annex II, when used for commercial air transportation, comply with the relevant essential requirements of Annex IV. 6. The measures referred to in paragraph 5 shall: reflect the state of the art and the best practices in the field of air operations, define different types of operations and allow for related requirements and compliance demonstrations proportionate to the complexity of operations and the risk involved, take into account worldwide aircraft experience in service, and scientific and technical progress, with regard to commercial transportation by aeroplane, and without prejudice to the previous indent, be developed initially on the basis of the common technical requirements and administrative procedures specified in Annex III to Regulation (EEC) No 3922/91, be based on a risk assessment and shall be proportional to the scale and scope of the operation, allow for immediate reaction to established causes of accidents and serious incidents, not impose on aircraft referred to in Article 4(1)(c) requirements which would be incompatible with the ICAO obligations of Member States. page - 12

13 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 Annex IV page - 13

14 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 page - 14

15 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 page - 15

16 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 page - 16

17 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 page - 17

18 Appendix A Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 page - 18

19 Appendix B OPS.001 Rulemaking Group APPENDIX B OPS.001 RULEMAKING GROUP page - 19

20 Appendix B OPS.001 Rulemaking Group page - 20

21 Appendix B OPS.001 Rulemaking Group page - 21